Re: [ga-abuse] Pending Suspension

["Patrick Corliss" <patrick@quad.net.au>]

Hi Roberto

Sorry, I didn't understand the full background -- I was going by your email.
In fact, I agree with your point and believe that Alexander should have not
recused himself.  He is neither the complainant nor the subject of the
complaint.  I suggest that Kristy M1's the complaint.

I will accept either monitor's decision -- in such a case -- without an M2
as there has only ever been one instance where they did not agree with each
other.

I trust the Chair concurs.

Best regards
Patrick Corliss


----- Original Message -----
From: <R.Gaetano@iaea.org>
To: <patrick@quad.net.au>
Cc: <ga-abuse@dnso.org>
Sent: Tuesday, August 28, 2001 11:56 PM
Subject: RE: [ga-abuse] Pending Suspension


> Patrick,
>
> >
> > However, nobody said anything about list monitors recusing themselves
> > because they are adjudicating a complaint made against
> > Roberto by, say, WXW,
> > in relation to insults for which one or other of the list
> > monitors were the
> > subject.
>
> Please re-read the answer from Kristy to Eric:
> > If a person named in a complaint or making the complaint is
> > also a list
> > moderator that person will not participate in the processing
> > of the complaint.
>
> This was exactly the case I was commenting on (complaint from WXW against
> Eric, message from Eric contains offense to Alexander, Alexander recusing
> himself)
>
> >
> > However, I said it when I was first appointed as a list monitor.  It
> > complies with a general rule of law going back to the days of
> > the Roman
> > Empire that nobody should be a judge in their own case.
> >
> > In modern parlance, a "conflict of interest".
> >
>
>
> Which is the lesser evil? To accept in limited and exceptional cases the
> "conflict of interest" or to be paralyzed and not being able to operate?
> Again, if I offend both list monitors, and a third party complaints, if
the
> list monitors recuse themselves invoking the rules you mention I will get
> away with it.
> The problem is that in normal courts you have many judges, and it is
> reasonably possible to find somebody that does not have a conflict of
> interest. In our case, we don't.
>
> Regards
> Roberto
>